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SMITH v. STATE DEPT. OF REV., MOTOR VEH. DIV.

No. 80CA0309.

640 P.2d 1159 (1980)

Leland Ray SMITH, II, Plaintiff-Appellant, v. The STATE of Colorado DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Division I.

Rehearing Denied October 30, 1980.

Certiorari Granted February 9, 1981.

Attorney(s) appearing for the Case

Kourlis & Thornberry, Rebecca Love Kourlis, Craig, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Terre Lee Rushton, Asst. Atty. Gen., Denver, for defendant-appellee.

VAN CISE, Judge.

Plaintiff appeals the judgment of the district court affirming the Department of Motor Vehicle's decision to extend the suspension of plaintiff's driver's license. We reverse.

On June 2, 1977, plaintiff's license was suspended by the Department, effective until December 7, 1977, based on an accumulation of excessive points pursuant to § 42-2-123, C.R.S.1973. In December 1978, plaintiff was issued a ticket for a violation of § 42...

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